July 16, 2009
Rea Godbold
Grant Thornton Limited
Royal Bank Plaza
19th Floor, South Tower
200 Bay Street, Box 55
Toronto ON M5J 2P9
Dear Mr. Godbold:
I refer to the request submitted by Grant Thornton Limited on behalf of Look Communications Inc and Look Mobile Corporation (the general partner) carrying on business as Look Communications L.P. (Look) to convert Multipoint Distribution System (MDS) authorizations for 26 sites in Ontario and Quebec to Broadband Radio Service (BRS) licences as per Industry Canada's DGTP-002-06 — Policy Provisions for the Band 2500-2690 MHz to Facilitate Future Mobile Service. This policy decision did not establish the prerequisites for a MDS authorization to be eligible for conversion to a BRS licence, however, this is currently the subject of a public consultation as announced in Gazette Notice DGRB-005-09 — Consultation on Transition to Broadband Radio Service (BRS) in the Band 2500-2690 MHz. Pending a decision, we are proceeding with converting MDS authorizations to BRS licences on a case-by-case basis.
As such, I am pleased to advise that your request has been approved in principle subject to written confirmation that Grant Thornton and Look are in agreement with the terms and conditions as set out in this letter.
This approval in principle is granted for 13 BRS spectrum licences covering the Tier 4 areas listed in Annex A to this letter based on the site locations and broadcast contours of Look’s MDS stations. Note that these BRS licences will serve as your spectrum authorization for the provision of broadcasting services in these areas in accordance with related broadcasting licences. As a result, we will arrange to cancel your Industry Canada Broadcasting Certificates for these sites.
In determining the geographic service area to be covered by the new BRS licences, the site locations and broadcast contours associated with your MDS authorizations were compared against the Department’s established service areas (Tiers). The sites and associated contours of the MDS authorizations fall almost entirely within the Tier areas indicated in Annex A. As a result, we have concluded that 13 Tier-4 BRS licences are warranted which would permit the alignment of your MDS authorizations with these customary tiers. The consultation referred to above has requested input on the appropriate geographic areas for conversions from MDS authorizations to BRS licences. Although the subsequent decision may vary from the interim decision applied in this letter, the areas covered by these particular licences will not be reduced irrespective of the outcome of the consultation.
As per the 2006 policy, approximately two-thirds of the spectrum allocated for your MDS authorization will be authorized for BRS under the conversion process. The remaining one-third will be retained by the Department for a further licensing process and as such the licences will indicate the frequency range 2596 – 2657 MHz. The 2006 policy also indicates that the Department will harmonize the band-plan to be compatible with international model(s). The decisions resulting from consultations regarding the band plan will necessitate that incumbents remain flexible in adoption of new assigned frequency blocks and technical spectrum sharing rules.
Finally, the licence conditions attached to your BRS licences are also considered to be interim conditions pending completion of the consultation process. These interim licence conditions are included in Annex B.
In respect of the licence fee, the fee order indicated in Canada Gazette Notice DGRB-013-99 will apply until a new fee for BRS is established.
Please respond indicating that you agree with all of the conditions of licence indicated in the attached Annex. Upon receipt of this confirmation, we will issue the 13 BRS licences and immediately transfer these licences to Inukshuk Wireless Partnership, as requested in your application dated June 8, 2009.
If you have any questions, please contact Heather Hall at (613) 990-4411.
Yours sincerely,
Michael D. Connolly
Director General
Radiocommunications and Broadcasting
Regulatory Branch
Attachment: Look Communications L.P. Proposed Broadband Radio Service (BRS) Licences and Conditions
cc: Mr. Michael Cytrynbaum (Look)
Footnotes
- Footnote 1
Grant Thornton Limited pour Look Communications Inc. et Look Mobile Corporation (l'associé commandité) faisant affaires sous le nom de Look Communications L.P.